Sources checked:
Quick answer. North Dakota: deposit capped at 1 month of rent; deposit returned within 30 days; one-month notice to end month-to-month; $15,000 small claims limit. 17 of 23 items are confirmed on official pages; 6 are marked not confirmed, with the page to check.
Key numbers
- Deposit limit
- 1 month's rent
- Deposit back within
- 30 days
- Month-to-month notice (landlord)
- 1 month
- Entry notice
- See the rule
- Time to answer or appear
- At the hearing
- Writ to lockout
- Up to 5 days (from judgment)
- Small claims limit
- $15,000
Security deposit (6 of 6 confirmed)
Law read: N.D.C.C. 47-16-07.1.
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ConfirmedDeposit limit
No more than one month's rent; up to two months for a tenant with certain felony convictions or a prior rental-agreement judgment. A separate pet deposit may not exceed the greater of $2,500 or two months' rent (47-16-07.1(1)-(2)).
Source: North Dakota Legislative Branch: Century Code chapter 47-16, checked November 2026
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ConfirmedReturn deadline
Within 30 days after the lease ends and the tenant delivers possession: the deposit and interest, with any withholding itemized (47-16-07.1(3)).
Source: North Dakota Legislative Branch: Century Code chapter 47-16, checked November 2026
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ConfirmedItemized list of deductions
An itemization of amounts withheld, delivered or mailed to the tenant's last address (47-16-07.1(3)).
Source: North Dakota Legislative Branch: Century Code chapter 47-16, checked November 2026
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ConfirmedInterest on the deposit
Interest accrued in the account goes to the tenant, except when occupancy was less than nine months (47-16-07.1(1)).
Source: North Dakota Legislative Branch: Century Code chapter 47-16, checked November 2026
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ConfirmedWhere the deposit is held
In a federally insured interest-bearing savings or checking account for the benefit of the tenant (47-16-07.1(1)).
Source: North Dakota Legislative Branch: Century Code chapter 47-16, checked November 2026
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ConfirmedPenalty the law states
Treble damages for deposit money withheld without reasonable justification (47-16-07.1(4)).
Source: North Dakota Legislative Branch: Century Code chapter 47-16, checked November 2026
More: Security deposit rules by state · Deposit return deadline calculator
Notice periods (5 of 6 confirmed)
What the official text says about each notice. Cities and counties can add their own notice, just-cause or rent rules. Check local rules too.
| Notice | Rule | Source |
|---|---|---|
| Ending month-to-month (landlord) | At least one calendar month's written notice at any time, unless the parties agreed in writing to another period. Either side. | Source: North Dakota Legislative Branch: N.D.C.C. Chapter 47-16 (Leasing of real property), checked November 2026 (N.D.C.C. 47-16-15(2)) |
| Ending month-to-month (tenant) | At least one calendar month's written notice at any time, unless the parties agreed in writing to another period. Either side. | Source: North Dakota Legislative Branch: N.D.C.C. Chapter 47-16 (Leasing of real property), checked November 2026 (N.D.C.C. 47-16-15(2)) |
| Rent increase notice | Month-to-month: written notice of changed terms at least 30 days before the month ends, taking effect when the month ends; the tenant may then end the lease at month's end with 25 days' notice. | Source: North Dakota Legislative Branch: N.D.C.C. Chapter 47-16 (Leasing of real property), checked November 2026 (N.D.C.C. 47-16-07; 47-16-15(3)) |
| Unpaid rent notice | Not confirmed — check North Dakota Legislative Branch: N.D.C.C. Chapter 47-16 (Leasing of real property). Not in chapter 47-16. Check N.D.C.C. chapter 33-06. | |
| Entry notice | Reasonable hours and manner; the landlord first notifies and gets the tenant's consent unless impractical (consent not unreasonably withheld). Emergencies excepted. No set hours. | Source: North Dakota Legislative Branch: N.D.C.C. Chapter 47-16 (Leasing of real property), checked November 2026 (N.D.C.C. 47-16-07.3) |
| Late fee limits | Chapter 47-16 contains no late fee limit. | Source: North Dakota Legislative Branch: N.D.C.C. Chapter 47-16 (Leasing of real property), checked November 2026 |
More: Notice periods by state · Notice date calculator
Eviction case, in order (5 of 10 confirmed)
- Notice before filing The written notice comes first; its length is in the notice table above.
The unpaid-rent notice period is not confirmed in our files (see the notice table).
- Filing the case Where the case goes and what it costs to start.
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ConfirmedCourt
A North Dakota state district court.
eviction in a North Dakota state district court
Source: North Dakota Court System: Eviction for Tenants, Informational Guide (Rev. Dec 2025), checked November 2026
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Not confirmedFiling fee
Not confirmed — check North Dakota Court System: Eviction for Tenants, Informational Guide (Rev. Dec 2025). Not confirmed on an official page we opened.
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- The tenant's answer or appearance
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ConfirmedTime to answer or appear
The tenant must appear at the hearing and answer the complaint.
You, the Defendant, are required to appear at the eviction hearing and answer the Complaint.
Source: North Dakota Court System: Eviction for Tenants, Informational Guide (Rev. Dec 2025), checked November 2026
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- Hearing or trial
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ConfirmedHearing after filing
The hearing is set 3 to 15 days after the summons issues.
should be scheduled for no less than three (3) days and no more than fifteen (15) days from the date the Summons was issued.
Source: North Dakota Court System: Eviction for Tenants, Informational Guide (Rev. Dec 2025), checked November 2026
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- Judgment and the writ The order that lets the officer act.
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Not confirmedJudgment to writ
Not confirmed — check North Dakota Court System: Eviction for Tenants, Informational Guide (Rev. Dec 2025). Not confirmed on an official page we opened.
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- Lockout Carried out by an officer, not by either side.
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ConfirmedWrit to lockout
Eviction can happen the day of the hearing; on a showing of hardship the judge may allow up to five days to move.
may give you up to five days to move out
Source: North Dakota Court System: Eviction for Tenants, Informational Guide (Rev. Dec 2025), checked November 2026
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ConfirmedWho carries out the lockout
Only the sheriff or the sheriff's staff can evict.
Only the Sheriff or the Sheriff's staff can evict you from the property.
Source: North Dakota Court System: Eviction for Tenants, Informational Guide (Rev. Dec 2025), checked November 2026
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- Along the way Paying to stop the case, counsel and diversion programs.
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Not confirmedPaying to stop the case
Not confirmed — check North Dakota Court System: Eviction for Tenants, Informational Guide (Rev. Dec 2025). Not confirmed on an official page we opened.
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Not confirmedRight to counsel (statewide)
Not confirmed — check North Dakota Court System: Eviction for Tenants, Informational Guide (Rev. Dec 2025). Not confirmed on an official page we opened.
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Not confirmedDiversion or mediation (statewide)
Not confirmed — check North Dakota Court System: Eviction for Tenants, Informational Guide (Rev. Dec 2025). Not confirmed on an official page we opened.
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Example: a case filed Monday, March 1, 2027
The earliest date of each stage the confirmed rules allow, from our eviction timeline estimator. Earliest under the statute; courts' calendars often take longer.
| Stage | Earliest date |
|---|---|
| Case filed | Monday, March 1, 2027 |
| Answer or appear | Thursday, March 4, 2027 |
| Hearing or trial | Thursday, March 4, 2027 |
| Judgment | Thursday, March 4, 2027 |
| Earliest lockout | Thursday, March 4, 2027 |
Help the official pages name: North Dakota Legal Self Help Center and Legal Services of the area.
More: Eviction process timeline by state · Eviction timeline estimator
Deposit disputes: small claims
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ConfirmedSmall claims limit (for a deposit dispute)
$15,000: the most a small claims case can ask for.
ND Courts small claims packet (rev. 07/2025): amount claimed may not exceed $15,000; counterclaims also capped at $15,000.
Filing fee to start a case: $20 to $160.
Source: ND Courts: Small Claims Court Forms Packet (rev. 07/2025), checked November 2026
More: North Dakota small claims court
Still to confirm
- Unpaid rent notice: check North Dakota Legislative Branch: N.D.C.C. Chapter 47-16 (Leasing of real property)
- Filing fee: check North Dakota Court System: Eviction for Tenants, Informational Guide (Rev. Dec 2025)
- Judgment to writ: check North Dakota Court System: Eviction for Tenants, Informational Guide (Rev. Dec 2025)
- Paying to stop the case: check North Dakota Court System: Eviction for Tenants, Informational Guide (Rev. Dec 2025)
- Right to counsel (statewide): check North Dakota Court System: Eviction for Tenants, Informational Guide (Rev. Dec 2025)
- Diversion or mediation (statewide): check North Dakota Court System: Eviction for Tenants, Informational Guide (Rev. Dec 2025)
North Dakota kit
North Dakota Landlord Compliance Kit
This page as a printable checklist with every source link and check date, a move-in and move-out deposit checklist with the area return deadline, a notice calendar, an eviction timeline sheet, and an Excel workbook with a tenant notice log, a deposit tracker that works out the return date, and a rent ledger.
Kits for any state: Security Deposit Kit for Landlords and Tenants ($15) · Landlord-Tenant Notice Organizer ($15) · Eviction Case File Organizer ($15)
General information, not legal advice. We are not lawyers, and MCC Solutions is not a law firm. The same rules apply whichever side of the lease you are on; this page describes them and doesn't take a side. Rules change, cities and counties can add their own, a lease can add terms, and the official source has the final word.
Common questions
How much can a security deposit be in North Dakota?
No more than one month's rent; up to two months for a tenant with certain felony convictions or a prior rental-agreement judgment. A separate pet deposit may not exceed the greater of $2,500 or two months' rent (47-16-07.1(1)-(2)).
How long does a North Dakota landlord have to return a deposit?
Within 30 days after the lease ends and the tenant delivers possession: the deposit and interest, with any withholding itemized (47-16-07.1(3)). What goes with it: An itemization of amounts withheld, delivered or mailed to the tenant's last address (47-16-07.1(3)).
How much notice ends a month-to-month tenancy in North Dakota?
From the landlord: At least one calendar month's written notice at any time, unless the parties agreed in writing to another period. Either side. From the tenant: At least one calendar month's written notice at any time, unless the parties agreed in writing to another period. Either side.
How much notice before a landlord enters a rental in North Dakota?
Reasonable hours and manner; the landlord first notifies and gets the tenant's consent unless impractical (consent not unreasonably withheld). Emergencies excepted. No set hours.
How long does an eviction case take in North Dakota?
Time to answer or appear: At the hearing. Hearing after filing: 3 to 15 days. Writ to lockout: Up to 5 days (from judgment). These are the stated rules; the court's calendar often takes longer.
Can a North Dakota deposit dispute go to small claims court?
The small claims limit in our data: $15,000: the most a small claims case can ask for. The court's own page explains what kinds of cases it hears.
What notice comes before an unpaid-rent case in North Dakota?
Not confirmed in our data files. Check North Dakota Legislative Branch: N.D.C.C. Chapter 47-16 (Leasing of real property) (https://ndlegis.gov/cencode/t47c16.pdf).
Related: Landlord rules by state · Kits for landlords